Bricker v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Cass Circuit Court. — Hon. N. M. Givan, Judge. The statement filed with the justice and upon which this case was tried in the circuit court charges the killing and injury to cattle at one time and the killing of five hogs at different times upon which there was a general verdict and judgment.
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Appeal from Cass Circuit Court. — Hon. N. M. Givan, Judge. The statement filed with the justice and upon which this case was tried in the circuit court charges the killing and injury to cattle at one time and the killing of five hogs at different times upon which there was a general verdict and judgment. At the trial the defendant objected to the introduction of any evidence, one of' the grounds being that the statement charges four distinct and separate causes of action in one count, and again objected thereto by motion in arrest of judgment. The court erred in overruling the objection and…
1Opinion of the Court
Martin, C.
This is an action for double damages under section 809, Revised Statutes, 1879, for injuring and killing stock. The suit was commenced before a justice of the peace, from whose decision it was appealed to the circuit court. The trial in said court resulted in a verdict for $91.66 in favor of plaintiff, upon which judgment was entered for double that amount. It is alleged in the statement of suit that on the 8th day of August, 1881, the defendant by its agents and servants while running a locomotive and train of cars over their road in Peculiar township ran against, struck and…
2Cases cited6 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Mooney v. KennettSupreme Court of Missouri · 1854
- Owens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1874
- Pitts v. FugateSupreme Court of Missouri · 1867
- State ex rel. Collins v. DulleSupreme Court of Missouri · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Lancaster v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1887
- State v. HarmonSupreme Court of Missouri · 1891
- Waechter v. St. Louis & Meramec River RailroadMissouri Court of Appeals · 1905
- Welsh v. StewartMissouri Court of Appeals · 1888
- Speer v. BurlingameMissouri Court of Appeals · 1895
15 more not listed; retrieve them via the Exa API.